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This is the second title in the new Oxford International and Comparative Insolvency Law Series. Virtually any insolvency needs to deal with the matter of contractual obligations and this book focuses on the extent to which insolvency law interferes with those obligations and relationships. Aswith the first volume in the series, the topic is addressed through national reports from at least twenty of the main economically developed countries, all of which follow a uniform structure. This format enables easy comparison between the jurisdictions and substantially enhances the accessibilityof material on a jurisdiction to foreign lawyers.It is essential for all commercial lawyers to consider the implications of insolvency (whether of their client or of the counter-party) on any contract that is under discussion, particularly where there are international aspects to the transaction. This work provides authoritative guidance on theconsequences of insolvency on the contractual relationship covering issues such as performance, rights of counterparties, and the special treatment of nominated contracts. Also considered are the effects of pre-insolvency negotiated contractual remedies such as flip clauses, automatic termination,acceleration clauses, close out netting provisions, flawed/conditional rights and penalty provisions. The book takes a comparative approach to the treatment of restitution claims and contracts concluded during the proceedings by the insolvency administrator. There is also guidance given on strikinga balance between competing interests in an insolvency situation, for example social concerns raised by some employment contracts.Quality, uniformity and the high level of detail of National Reports are the key benefits of this book. The topic of the treatment of contracts is one in which there are significant differences internationally making this volume a valuable reference tool for practitioners and scholars alike.

About The Author

Dennis Faber is Professor of private and commercial law at the Business and Law Research Centre of the Radboud University Nijmegen, The Netherlands, and member of its Executive Board. He is senior adviser with Clifford Chance LLP, Amsterdam Office, and justice at The Hague Court of Appeal.
Prof. Faber is co-editor of the Oxford Interna...

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Table of Contents

1. Christopher Symes: National Report for Australia2. Eric Dirix and Roel Fransis: National Report for Belgium3. Rachel Sztajn, Paulo Fernando Campos Salles de Toledo, and Fernando Cesar Nimer Moreira da Silva: National Report for Brazil4. Doris Ngaundje Leno: National Report for Cameroon5. National Report for Canada6. Wang Weiguo: National Report for the People's Republic of China7. Tomas Richter: National Report for Czech Republic8. National Report for England9. National Report for France10. Christoph G. Paulus and Matthias Berberich: National Report for Germany11. David Hahn: National Report for Israel12. Carlos Sanchez-Mejorada y Velasco: National Report for Mexico13. Dennis Faber and Neils Vermunt: National Report for the Netherlands14. Marek Porzycki: National Report for Poland15. Kathleen van der Linde: National Report for South Africa16. Soogeun Oh and Heejong Song: National Report for the Republic of Korea (South Korea)17. J. Ignacio Tirado: National Report for Spain18. Annina H. Persson and Marie Karlsson Tuula: National Report for Sweden19. Benhajj S. Masoud: National Report for Tanzania20. Jason Kilborn: National Report for the United States